A US judge on Wednesday refused to throw out charges against an ex-NASA astronaut who allegedly drove across the country wearing diapers to confront her suspected rival in a love triangle.

A defense lawyer for Lisa Nowak (46) called on the Orlando judge to dismiss the charges of attempted kidnapping, burglary and battery arising out of the bizarre 2007 incident.

Nowak, who allegedly wore the adult diapers so she would not have to make bathroom breaks, was dismissed from the astronaut corps in 2007 after her arrest for allegedly attacking another officer, Colleen Shipman.

Defense attorney Donald Lykkebak called for the case to be dismissed saying he had not received all the prosecution evidence being prepared for her trial on 7 December in a timely fashion.

At the center of the allegations is a report that Nowak, who now works for the US Navy, allegedly pepper-sprayed Shipman, a US Air Force captain, who she believed shared her romantic interest in NASA shuttle pilot Bill Oefelein.

Nowak, a mother of three who has flown aboard NASA's space shuttle Discovery, drove 1500 kilometers from Houston, Texas, to Orlando International Airport to confront Shipman, according to documents in the case.

But Lykkebak said the allegations of the pepperspray were contradicted by Shipman's statements to medical personnel who treated her at the scene.

Shipman "denied any direct contact with the pepper spray and was not experiencing any burning sensation or any medical problems," according to the defense motion, citing a report by the Greater Orlando Airport Authority.

During a hearing on Wednesday Lykkebak said he had only received that airport report in April after filing a subpoena.

Florida law requires state prosecutors to turn over all documents to the defense as both sides prepare for trial. The process is called discovery.

"It wouldn't have been discovered at all if I hadn't gone on a fishing expedition," Lykkebak told the court. "Of course the essence of my complaint is what else is out there that the defense does not know about?"

But the judge ruled instead that Shipman and other officers involved in the case must give another deposition to clarify the matter. He also ruled to allow Lykkebak to subpoena additional police files.

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